NOVEMBER 2019 AT A GLANCE The Gambia accuses the Government of Myanmar of genocide against the Rohingya. Representing the 57-nation Organization of Islamic Cooperation, the Gambia filed a lawsuit with the International Court of Justice against Myanmar. State Counsellor Aung San Suu Kyi will head the defense team. (Pages 1-2) The International Criminal Court (ICC) authorizes an investigation into crimes against the Rohingya. The ICC claims that because some of the alleged crimes occurred on the Bangladeshi border and Bangladesh is a signatory to the Rome Statute, it has jurisdiction over all past and future crimes committed by the Tatmadaw against the Rohingya. (Page 2) The Arakan Army releases many hostages that were detained last month. A Chin lawmaker, however, remains a hostage on suspicion of working with the Tatmadaw. (Page 6) Fighting between the Tatmadaw and Shan ethnic armed organizations continues. The Ta’ang National Liberation Army allegedly attacked the Lashio airport while the Restoration Council of Shan State is suspected of killing three village headmen. The Tatmadaw is accused of firing on villages and using civilians as human shields. (Pages 7-8) The Union Election Commission (UEC) warns political parties against criticizing its work. In a statement released this month, the UEC threatened legal action against the Union Solidarity and Development Party and 19 other parties for spreading “falsehoods.” (Pages 9-10) Senior General Min Aung Hlaing warns against disrupting stability under the 2008 Constitution and raises fears that the military may undermine the 2020 election. In an interview with Japanese media outlet Yomiuri Shimbun, Commander-in-Chief Min Aung Hlaing spoke against constitutional reform and called into question the validity of the 2020 election should there be low turnout. (Pages 10-11) The Central Bank of Myanmar announces plans for the first round of licensing to foreign banks. The plan is expected to liberalize the banking sector, but some economists doubt it will be enough to bring much-needed capital into Myanmar. (Page 13) Overseas employment agencies can apply for formal remittance licenses. The reform is expected to help the Government of Myanmar track how much money is entering the country. (Pages 13-14) USAID.GOV NOVEMBER 2019 MONTHLY ATMOSPHERIC REPORT |1 SOCIAL ISSUES requests that the ICJ order Myanmar to immediately cease any genocidal acts against the Rohingya while the ICJ determines whether or ● The Gambia files a lawsuit with the International not it has jurisdiction in this case.iii Court of Justice (ICJ) against Myanmar, accusing the Government of Myanmar of committing Hearings will be held December 10-12 in The genocide against the Rohingya. Hague. State Counsellor Aung San Suu Kyi will ● The International Criminal Court (ICC) head the legal team in Myanmar’s defense, a task authorized an investigation into the alleged she reportedly decided to take up herself.iv This crimes against the Rohingya. high-profile defense of Myanmar’s actions could ● A lawsuit is filed in Argentinian courts against further stain her reputation abroad.v Since the military and civilian leaders for contributing to military has little capacity to defend themselves the genocide of the Rohingya. at the ICJ, there is speculation about this move ● Forty-six Rohingya are said to have voluntarily being Aung San Suu Kyi’s way of incurring some returned to Rakhine State from Bangladesh in bargaining power with the Tatmadaw as the NLD early November. tries to amend the 2008 Constitution.vi ● Bangladesh’s plan to move Rohingya refugees to Bhashan Char is delayed. Though this legal process will likely take years to ● Myanmar civil society organizations (CSO) call complete, it will be the first time the ICJ has on the Tatmadaw to withdraw cases related to investigated genocide claims without first relying freedom of expression. on findings from other tribunals.vii The ICJ cannot prosecute individuals and has no means of ROHINGYA CRISIS enforcing rulings, and therefore Myanmar may ignore the coming ICJ ruling if not in their favor, This month, two lawsuits were filed against but to do so would likely further damage viii Myanmar for committing genocide, and the ICC Myanmar’s reputation. authorized an investigation into the Tatmadaw’s alleged crimes against the Rohingya. Regardless Following the ICJ announcement, the Myanmar of the outcomes, these are landmark cases Times, Karen News, and Bangkok Post reported attempting to hold Myanmar accountable for its that government peace negotiators and the ten actions and represent tangible steps toward EAOs that are signatories of the Nationwide compelling Myanmar to uphold truth-seeking, Ceasefire Agreement (NCA) agreed to help the reparations, and institutional and social reform.i country counter the accusations of genocide. The news articles quoted Colonel Khun Okkar THE GAMBIA FILES A LAWSUIT AGAINST of the Pa-O National Liberation Organisation MYANMAR “attacks against Myanmar by the international The Gambia, acting on behalf of the 57-nation community undermine the country’s transition ix1 Organization of Islamic Cooperation, filed a to democracy.” lawsuit in the International Court of Justice (ICJ) against Myanmar, accusing it of committing Several EAOs have since denied claims that they genocide against the Rohingya.ii The lawsuit support the Government. On November 25, the 1 Signatories to the Nationwide Ceasefire Agreement include: Karen National Union, New Mon State Party, PA-O National Liberation Organization, Democratic Karen, Benevolent Army, Restoration Council of Shan State, Chin National Front, All Burma Students’ Democratic Front, Arakan Liberation Army, Karen National Liberation Army Peace Council, and Lahu Democratic Union. USAID.GOV NOVEMBER 2019 MONTHLY ATMOSPHERIC REPORT |1 Karen National Union (KNU) – an NCA- prominent human rights organizations, filed a signatory – released a statement refuting the lawsuit in Argentinian courts against military and media reports stating that it had not agreed to civilian leaders, including Commander-in Chief, help the Government counter the ICJ lawsuit, Senior General Min Aung Hlaing and Aung San and calling on the Government to abide by Suu Ky for contributing to genocide against the international norms. According to the KNU, the Rohingya.xiii The case cites the concept of ten EAOs at the meeting did not take a collective “universal jurisdiction,” which allows individuals position in support of the Government, and to be prosecuted for certain grave crimes Khun Okkar was not speaking for the NCA- regardless of where the crime is committed or signatories.x the nationality of those involved.xiv The lawsuit may be aided by the work of the Independent On November 28, the Arakan Army (AA), Investigative Mechanism for Myanmar (IIMM), Ta’ang National Liberation Army (TNLA), and currently underway.xv the Myanmar National Democratic Alliance Army, three of the four EAOs that make up the INTERNATIONAL CRIMINAL COURT Northern Alliance, released a statement in AUTHORIZES INVESTIGATION support of the ICJ. In the letter, the three EAOs On November 14, the ICC authorized an said, “We the Brotherhood of MNTJP/MNDAA, investigation into the alleged crimes against the PSLF/TNLA, ULA/AA stand ever ready to Rohingya, which stemmed from a request cooperate and collect evidences of war crimes submitted in July by ICC Prosecutor, Fatou by the Myanmar military. Our Brotherhood Bensouda.xvi Myanmar is not a party to the Rome stands in full support of the international Statute and is therefore traditionally outside of organizations that have taken the genocide and ICC jurisdiction.2 However, the ICC determined war crimes by the Tatmadaw (Myanmar Army) that it has jurisdiction in this case because to the ICJ and ICC.”xi Bangladesh is a signatory and the crimes, including forced displacement, systematic acts of The United Wa State Army (UWSA) and the violence, and persecution, are taking place on the National Democratic Alliance Army issued Bangladesh-Myanmar border.xvii This statements in support of the Government.xii In its authorization allows for a broad-based statement, the UWSA argues that the issues in investigation into crimes tied to the original Rakhine State are complicated and interference investigation, including future crimes, potentially by the international powers will only make the allowing the ICC to prosecute the Tatmadaw for issue worse. crimes not yet committed.xviii LAWSUIT AGAINST MYANMAR LEADERS Myanmar rejected the ICC investigation, claiming FILED IN ARGENTINE COURT it was “not in accordance with international The Burmese Rohingya Organisation UK law.”xix Unlike the ICJ, the ICC has the authority (BROUK), represented by Tomás Ojea to issue arrest warrants and prosecute Quintana, a prominent Argentinean human rights individuals. lawyer and the former United Nations Special MYANMAR CLAIMS 46 ROHINGYA RETURN Rapporteur on the situation of human rights in VOLUNTARILY Myanmar (2008- 2014), and with support of two 2 The Rome Statute is the treaty that established the ICC and gives it jurisdiction over certain international crimes. USAID.GOV NOVEMBER 2019 MONTHLY ATMOSPHERIC REPORT |2 The Government of Myanmar claimed 46 urging the Tatmadaw to drop the cases Rohingya returned from Bangladesh to Rakhine immediately.xxviii State in early November. Authorities checked the refugees against a list of suspected Arakan Criticism of the Tatmadaw by CSOs, activists, Rohingya Salvation Army (ARSA) members, and and international